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Refer to your sales agreement to establish the terms of the limited
warranty. In addition, Avaya’s standard warranty language, as well as
information regarding support for this product while under warranty is
available to Avaya customers and other parties through the Avaya
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You acquire from either Avaya or an authorized Avaya Channel
Partner (as applicable) and which is described further in Hosted SAS
or other service description documentation regarding the applicable
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foregoing limited warranty may not apply but You may be entitled to
support services in connection with the Hosted Service as described
further in your service description documents for the applicable
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Hosted Service
THE FOLLOWING APPLIES ONLY IF YOU PURCHASE AN AVAYA
HOSTED SERVICE SUBSCRIPTION FROM AVAYA OR AN AVAYA
CHANNEL PARTNER (AS APPLICABLE), THE TERMS OF USE
FOR HOSTED SERVICES ARE AVAILABLE ON THE AVAYA
WEBSITE,
HTTPS://SUPPORT.AVAYA.COM/LICENSEINFO
THE LINK “Avaya Terms of Use for Hosted Services” OR SUCH
SUCCESSOR SITE AS DESIGNATED BY AVAYA, AND ARE
APPLICABLE TO ANYONE WHO ACCESSES OR USES THE
HOSTED SERVICE. BY ACCESSING OR USING THE HOSTED
SERVICE, OR AUTHORIZING OTHERS TO DO SO, YOU, ON
BEHALF OF YOURSELF AND THE ENTITY FOR WHOM YOU ARE
DOING SO (HEREINAFTER REFERRED TO INTERCHANGEABLY
AS “YOU” AND “END USER”), AGREE TO THE TERMS OF USE. IF
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YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE
TERMS OF USE. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF
YOU DO NOT WISH TO ACCEPT THESE TERMS OF USE, YOU
MUST NOT ACCESS OR USE THE HOSTED SERVICE OR
AUTHORIZE ANYONE TO ACCESS OR USE THE HOSTED
SERVICE.
Licenses
THE SOFTWARE LICENSE TERMS AVAILABLE ON THE AVAYA
WEBSITE,
HTTPS://SUPPORT.AVAYA.COM/LICENSEINFO
UNDER THE LINK “AVAYA SOFTWARE LICENSE TERMS (Avaya
Products)” OR SUCH SUCCESSOR SITE AS DESIGNATED BY
AVAYA, ARE APPLICABLE TO ANYONE WHO DOWNLOADS,
USES AND/OR INSTALLS AVAYA SOFTWARE, PURCHASED
FROM AVAYA INC., ANY AVAYA AFFILIATE, OR AN AVAYA
CHANNEL PARTNER (AS APPLICABLE) UNDER A COMMERCIAL
AGREEMENT WITH AVAYA OR AN AVAYA CHANNEL PARTNER.
UNLESS OTHERWISE AGREED TO BY AVAYA IN WRITING,
AVAYA DOES NOT EXTEND THIS LICENSE IF THE SOFTWARE
WAS OBTAINED FROM ANYONE OTHER THAN AVAYA, AN AVAYA
AFFILIATE OR AN AVAYA CHANNEL PARTNER; AVAYA
RESERVES THE RIGHT TO TAKE LEGAL ACTION AGAINST YOU
AND ANYONE ELSE USING OR SELLING THE SOFTWARE
WITHOUT A LICENSE. BY INSTALLING, DOWNLOADING OR
USING THE SOFTWARE, OR AUTHORIZING OTHERS TO DO SO,
YOU, ON BEHALF OF YOURSELF AND THE ENTITY FOR WHOM
YOU ARE INSTALLING, DOWNLOADING OR USING THE
SOFTWARE (HEREINAFTER REFERRED TO
INTERCHANGEABLY AS “YOU” AND “END USER”), AGREE TO
THESE TERMS AND CONDITIONS AND CREATE A BINDING
CONTRACT BETWEEN YOU AND AVAYA INC. OR THE
APPLICABLE AVAYA AFFILIATE (“AVAYA”).
Avaya grants You a license within the scope of the license types
described below, with the exception of Heritage Nortel Software, for
which the scope of the license is detailed below. Where the order
documentation does not expressly identify a license type, the
applicable license will be a Designated System License as set forth
below in the Designated System(s) License (DS) section as
applicable. The applicable number of licenses and units of capacity
for which the license is granted will be one (1), unless a different
number of licenses or units of capacity is specified in the
documentation or other materials available to You. “Software” means
computer programs in object code, provided by Avaya or an Avaya
Channel Partner, whether as stand-alone products, pre-installed on
hardware products, and any upgrades, updates, patches, bug fixes,
or modified versions thereto. “Designated Processor” means a single
stand-alone computing device. “Server” means a set of Designated
Processors that hosts (physically or virtually) a software application
to be accessed by multiple users. “Instance” means a single copy of
the Software executing at a particular time: (i) on one physical
machine; or (ii) on one deployed software virtual machine (“VM”) or
similar deployment.
License types
Designated System(s) License (DS). End User may install and use
each copy or an Instance of the Software only: 1) on a number of
Designated Processors up to the number indicated in the order; or 2)
up to the number of Instances of the Software as indicated in the
order, Documentation, or as authorized by Avaya in writing. Avaya
may require the Designated Processor(s) to be identified in the order
by type, serial number, feature key, Instance, location or other
specific designation, or to be provided by End User to Avaya through
electronic means established by Avaya specifically for this purpose.
Shrinkwrap License (SR). You may install and use the Software in
accordance with the terms and conditions of the applicable license
agreements, such as “shrinkwrap” or “clickthrough” license
accompanying or applicable to the Software (“Shrinkwrap License”).
Heritage Nortel Software
“Heritage Nortel Software” means the software that was acquired by
Avaya as part of its purchase of the Nortel Enterprise Solutions
Business in December 2009. The Heritage Nortel Software is the
software contained within the list of Heritage Nortel Products located
https://support.avaya.com/LicenseInfo
under the link “Heritage
Nortel Products” or such successor site as designated by Avaya. For
Heritage Nortel Software, Avaya grants Customer a license to use
Heritage Nortel Software provided hereunder solely to the extent of
the authorized activation or authorized usage level, solely for the
purpose specified in the Documentation, and solely as embedded in,
for execution on, or for communication with Avaya equipment.
Charges for Heritage Nortel Software may be based on extent of
activation or use authorized as specified in an order or invoice.